103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3268

 

Introduced 2/6/2024, by Sen. Ann Gillespie

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Public Aid Code. Provides that on January 1, 2025, or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the Electronic Health Record Incentive Fund into the Public Aid Recoveries Trust Fund. Provides that upon completion of the transfer, the Electronic Health Record Incentive Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund shall pass to the Public Aid Recoveries Trust Fund. Provides that on January 1, 2026, or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the Juvenile Rehabilitation Services Medicaid Matching Fund into the Public Aid Recoveries Trust Fund. Provides that upon completion of the transfer, the Juvenile Rehabilitation Services Medicaid Matching Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund shall pass to the Public Aid Recoveries Trust Fund. Repeals a provision requiring the Department of Healthcare and Family Services to conduct annual audits of the County Provider Trust Fund to determine that amounts received from or paid to county providers were correct. Amends the State Finance Act. Provides that on January 1, 2025, or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the Provider Inquiry Trust Fund into the Healthcare Provider Relief Fund. Provides that upon completion of the transfer, the Provider Inquiry Trust Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund shall pass to the Healthcare Provider Relief Fund. Repeals provisions in the Illinois Public Aid Code concerning the Medicaid Research and Education Support Fund and enhancement payments for Medicaid research and education. Repeals the Supportive Living Facility Funding Article and the Supportive Living Facility Fund. Effective immediately.


LRB103 39338 KTG 69500 b

 

 

A BILL FOR

 

SB3268LRB103 39338 KTG 69500 b

1    AN ACT concerning public aid.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
Article 1.

 
5    (305 ILCS 5/15-6 rep.)
6    Section 1-5. The Illinois Public Aid Code is amended by
7repealing Section 15-6.
 
8
Article 5.

 
9    Section 5-5. The State Finance Act is amended by changing
10Section 5.797 as follows:
 
11    (30 ILCS 105/5.797)
12    Sec. 5.797. The Electronic Health Record Incentive Fund.
13This Section is repealed on January 1, 2025.
14(Source: P.A. 97-169, eff. 7-22-11; 97-813, eff. 7-13-12.)
 
15    Section 5-10. The Illinois Public Aid Code is amended by
16changing Section 12-10.6a as follows:
 
17    (305 ILCS 5/12-10.6a)
18    Sec. 12-10.6a. The Electronic Health Record Incentive

 

 

SB3268- 2 -LRB103 39338 KTG 69500 b

1Fund.
2    (a) The Electronic Health Record Incentive Fund is a
3special fund created in the State treasury. All federal moneys
4received by the Department of Healthcare and Family Services
5for payments to qualifying health care providers to encourage
6the adoption and use of certified electronic health records
7technology pursuant to paragraph 1903(t)(1) of the Social
8Security Act, shall be deposited into the Fund.
9    (b) Disbursements from the Fund shall be made at the
10direction of the Director of Healthcare and Family Services to
11qualifying health care providers, in amounts established under
12applicable federal regulation (42 CFR 495 et seq.), in order
13to encourage the adoption and use of certified electronic
14health records technology.
15    (c) On January 1, 2025, or as soon thereafter as
16practical, the State Comptroller shall direct and the State
17Treasurer shall transfer the remaining balance from the
18Electronic Health Record Incentive Fund into the Public Aid
19Recoveries Trust Fund. Upon completion of the transfer, the
20Electronic Health Record Incentive Fund is dissolved, and any
21future deposits due to that Fund and any outstanding
22obligations or liabilities of that Fund shall pass to the
23Public Aid Recoveries Trust Fund.
24(Source: P.A. 97-169, eff. 7-22-11.)
 
25
Article 10.

 

 

 

SB3268- 3 -LRB103 39338 KTG 69500 b

1    (30 ILCS 105/5.836 rep.)
2    Section 10-5. The State Finance Act is amended by
3repealing Section 5.836.
 
4    (305 ILCS 5/5-31 rep.)
5    (305 ILCS 5/5-32 rep.)
6    Section 10-15. The Illinois Public Aid Code is amended by
7repealing Sections 5-31 and 5-32.
 
8
Article 15.

 
9    Section 15-5. The State Finance Act is amended by changing
10Section 5.481 as follows:
 
11    (30 ILCS 105/5.481)
12    Sec. 5.481. The Juvenile Rehabilitation Services Medicaid
13Matching Fund. This Section is repealed on January 1, 2026.
14(Source: P.A. 90-587, eff. 7-1-98.)
 
15    Section 15-10. The Illinois Public Aid Code is amended by
16changing Sections 12-9 and 12-10.4 as follows:
 
17    (305 ILCS 5/12-9)  (from Ch. 23, par. 12-9)
18    Sec. 12-9. Public Aid Recoveries Trust Fund; uses. The
19Public Aid Recoveries Trust Fund shall consist of (1)

 

 

SB3268- 4 -LRB103 39338 KTG 69500 b

1recoveries by the Department of Healthcare and Family Services
2(formerly Illinois Department of Public Aid) authorized by
3this Code in respect to applicants or recipients under
4Articles III, IV, V, and VI, including recoveries made by the
5Department of Healthcare and Family Services (formerly
6Illinois Department of Public Aid) from the estates of
7deceased recipients, (2) recoveries made by the Department of
8Healthcare and Family Services (formerly Illinois Department
9of Public Aid) in respect to applicants and recipients under
10the Children's Health Insurance Program Act, and the Covering
11ALL KIDS Health Insurance Act, (2.5) recoveries made by the
12Department of Healthcare and Family Services in connection
13with the imposition of an administrative penalty as provided
14under Section 12-4.45, (3) federal funds received on behalf of
15and earned by State universities, other State agencies or
16departments, and local governmental entities for services
17provided to applicants or recipients covered under this Code,
18the Children's Health Insurance Program Act, and the Covering
19ALL KIDS Health Insurance Act, (3.5) federal financial
20participation revenue related to eligible disbursements made
21by the Department of Healthcare and Family Services from
22appropriations required by this Section, and (4) all other
23moneys received to the Fund, including interest thereon. The
24Fund shall be held as a special fund in the State Treasury.
25    Disbursements from this Fund shall be only (1) for the
26reimbursement of claims collected by the Department of

 

 

SB3268- 5 -LRB103 39338 KTG 69500 b

1Healthcare and Family Services (formerly Illinois Department
2of Public Aid) through error or mistake, (2) for payment to
3persons or agencies designated as payees or co-payees on any
4instrument, whether or not negotiable, delivered to the
5Department of Healthcare and Family Services (formerly
6Illinois Department of Public Aid) as a recovery under this
7Section, such payment to be in proportion to the respective
8interests of the payees in the amount so collected, (3) for
9payments to the Department of Human Services for collections
10made by the Department of Healthcare and Family Services
11(formerly Illinois Department of Public Aid) on behalf of the
12Department of Human Services under this Code, the Children's
13Health Insurance Program Act, and the Covering ALL KIDS Health
14Insurance Act, (4) for payment of administrative expenses
15incurred in performing the activities authorized under this
16Code, the Children's Health Insurance Program Act, and the
17Covering ALL KIDS Health Insurance Act, (5) for payment of
18fees to persons or agencies in the performance of activities
19pursuant to the collection of monies owed the State that are
20collected under this Code, the Children's Health Insurance
21Program Act, and the Covering ALL KIDS Health Insurance Act,
22(6) for payments of any amounts which are reimbursable to the
23federal government which are required to be paid by State
24warrant by either the State or federal government, and (7) for
25payments to State universities, other State agencies or
26departments, and local governmental entities of federal funds

 

 

SB3268- 6 -LRB103 39338 KTG 69500 b

1for services provided to applicants or recipients covered
2under this Code, the Children's Health Insurance Program Act,
3and the Covering ALL KIDS Health Insurance Act. Disbursements
4from this Fund for purposes of items (4) and (5) of this
5paragraph shall be subject to appropriations from the Fund to
6the Department of Healthcare and Family Services (formerly
7Illinois Department of Public Aid).
8    The balance in this Fund after payment therefrom of any
9amounts reimbursable to the federal government, and minus the
10amount reasonably anticipated to be needed to make the
11disbursements authorized by this Section during the current
12and following 3 calendar months, shall be certified by the
13Director of Healthcare and Family Services and transferred by
14the State Comptroller to the Drug Rebate Fund or the
15Healthcare Provider Relief Fund in the State Treasury, as
16appropriate, on at least an annual basis by June 30th of each
17fiscal year. The Director of Healthcare and Family Services
18may certify and the State Comptroller shall transfer to the
19Drug Rebate Fund or the Healthcare Provider Relief Fund
20amounts on a more frequent basis.
21    On July 1, 1999, the State Comptroller shall transfer the
22sum of $5,000,000 from the Public Aid Recoveries Trust Fund
23(formerly the Public Assistance Recoveries Trust Fund) into
24the DHS Recoveries Trust Fund.
25(Source: P.A. 97-647, eff. 1-1-12; 97-689, eff. 6-14-12;
2698-130, eff. 8-2-13; 98-651, eff. 6-16-14.)
 

 

 

SB3268- 7 -LRB103 39338 KTG 69500 b

1    (305 ILCS 5/12-10.4)
2    Sec. 12-10.4. Juvenile Rehabilitation Services Medicaid
3Matching Fund. There is created in the State Treasury the
4Juvenile Rehabilitation Services Medicaid Matching Fund.
5Deposits to this Fund shall consist of all moneys received
6from the federal government for behavioral health services
7secured by counties pursuant to an agreement with the
8Department of Healthcare and Family Services with respect to
9Title XIX of the Social Security Act or under the Children's
10Health Insurance Program pursuant to the Children's Health
11Insurance Program Act and Title XXI of the Social Security Act
12for minors who are committed to mental health facilities by
13the Illinois court system and for residential placements
14secured by the Department of Juvenile Justice for minors as a
15condition of their aftercare release.
16    Disbursements from the Fund shall be made, subject to
17appropriation, by the Department of Healthcare and Family
18Services for grants to the Department of Juvenile Justice and
19those counties which secure behavioral health services ordered
20by the courts and which have an interagency agreement with the
21Department and submit detailed bills according to standards
22determined by the Department.
23    On January 1, 2026, or as soon thereafter as practical,
24the State Comptroller shall direct and the State Treasurer
25shall transfer the remaining balance from the Juvenile

 

 

SB3268- 8 -LRB103 39338 KTG 69500 b

1Rehabilitation Services Medicaid Matching Fund into the Public
2Aid Recoveries Trust Fund. Upon completion of the transfer,
3the Juvenile Rehabilitation Services Medicaid Matching Fund is
4dissolved, and any future deposits due to that Fund and any
5outstanding obligations or liabilities of that Fund shall pass
6to the Public Aid Recoveries Trust Fund.
7(Source: P.A. 98-558, eff. 1-1-14.)
 
8
Article 20.

 
9    (30 ILCS 105/5.856 rep.)
10    Section 20-5. The State Finance Act is amended by
11repealing Section 5.856.
 
12    (305 ILCS 5/Art. V-G rep.)
13    Section 20-10. The Illinois Public Aid Code is amended by
14repealing Article V-G.
 
15
Article 25.

 
16    Section 25-5. The State Finance Act is amended by changing
17Sections 5.409 and 6z-40 as follows:
 
18    (30 ILCS 105/5.409)
19    Sec. 5.409. The Provider Inquiry Trust Fund. This Section
20is repealed on January 1, 2025.

 

 

SB3268- 9 -LRB103 39338 KTG 69500 b

1(Source: P.A. 89-21, eff. 7-1-95.)
 
2    (30 ILCS 105/6z-40)
3    Sec. 6z-40. Provider Inquiry Trust Fund. The Provider
4Inquiry Trust Fund is created as a special fund in the State
5treasury. Payments into the fund shall consist of fees or
6other moneys owed by providers of services or their agents,
7including other State agencies, for access to and utilization
8of Illinois Department of Healthcare and Family Services
9Public Aid eligibility files to verify eligibility of clients,
10bills for services, or other similar, related uses.
11Disbursements from the fund shall consist of payments to the
12Department of Innovation and Technology Central Management
13Services for communication and statistical services and for
14payments for administrative expenses incurred by the Illinois
15Department of Healthcare and Family Services Public Aid in the
16operation of the fund.
17    On January 1, 2025, or as soon thereafter as practical,
18the State Comptroller shall direct and the State Treasurer
19shall transfer the remaining balance from the Provider Inquiry
20Trust Fund into the Healthcare Provider Relief Fund. Upon
21completion of the transfer, the Provider Inquiry Trust Fund is
22dissolved, and any future deposits due to that Fund and any
23outstanding obligations or liabilities of that Fund shall pass
24to the Healthcare Provider Relief Fund.
25(Source: P.A. 94-91, eff. 7-1-05.)
 

 

 

SB3268- 10 -LRB103 39338 KTG 69500 b

1
Article 999.

 
2    Section 999-99. Effective date. This Act takes effect upon
3becoming law.

 

 

SB3268- 11 -LRB103 39338 KTG 69500 b

1 INDEX
2 Statutes amended in order of appearance
3    305 ILCS 5/15-6 rep.
4    30 ILCS 105/5.797
5    305 ILCS 5/12-10.6a
6    30 ILCS 105/5.836 rep.
7    305 ILCS 5/5-31 rep.
8    305 ILCS 5/5-32 rep.
9    30 ILCS 105/5.481
10    305 ILCS 5/12-9from Ch. 23, par. 12-9
11    305 ILCS 5/12-10.4
12    30 ILCS 105/5.856 rep.
13    305 ILCS 5/Art. V-G rep.
14    30 ILCS 105/5.409
15    30 ILCS 105/6z-40